Single judge allowed bail to the petitioner in a case instituted under Sections 302 IPC, 295 IPC, and SC/ST Act. The court noted the petitioner had clean antecedents and was not specifically named in the FIR despite being part of a mob.
Release on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount to the CJM, Rohtas.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10476 of 2014
Arising Out of PS.Case No. -158 Year- 2013 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ====================================================== Shambhu Narayan Singh, son of Late Rameshwar Prasad Singh, Resident of Village- Baddi, P.S.-Sheosagar(Baddi), District-Rohtas. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. =====================================================
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
6. 14.07.2014 Heard learned counsel for the petitioner and
Learned A.P.P. for the State.
The petitioner seeks bail in Sheosagar (Baddi) P.S. Case No. 158 of 2013 dated 15.08.2013 instituted for offence punishable under Sections 147/148/149/323/341/302/295/324/436/325/307 of the Indian Penal Code, 27 of the Arms Act and 3(2)(v)/3(1)(x) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Learned counsel for the petitioner submits that as per the F.I.R., the allegation is that initially he had opened fire from the firearm which he was carrying and lateron it is said that he assaulted the deceased with iron
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rod. Learned counsel submits that the informant himself in his written statement to the police has not taken the name of the petitioner even as he being part of the mob much less as having any specific role in the assault on the deceased or in the incident itself. It is submitted that even in the F.I.R., the allegation is that there was a mob of 75 persons in which 40 have been named. It is submitted that the dispute arose due to village politics for hoisting of flag between two groups. Learned counsel submits that the post mortem report also shows death due to injury caused by hard and blunt substance. Learned counsel submits that he has clean antecedent and is in custody since 02.09.2013.
Learned A.P.P., upon going through the case diary, does not dispute the aforesaid position.
Considering the facts and circumstances of the case and submissions of learned counsels for the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram in Sheosagar (Baddi) P.S. Case No. 158 of 2013. The petitioner shall cooperate in the trial and be present before the Court on each and every date. Failure to do so on two consecutive dates, without sufficient cause, shall lead to
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cancellation of his bail bonds.
(Ahsanuddin Amanullah, J.)
P. Kumar
U T
1 issue framed by the court
Whether the petitioner is entitled to release on bail under Section 436 CrPC in a case involving serious offences.
1 provisions across 1 enactments
Shambhu Narayan Singh
The State of Bihar
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
